FIRST NATIONAL INS. CO. OF AMERICA v. LYNN

Nos. 75-1136-75-1138.

525 F.2d 1 (1975)

FIRST NATIONAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. James T. LYNN, Secretary of the Department of Housing and Urban Development, et al., Defendants-Appellees, Alvan R. Corkin, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 4, 1975.


Attorney(s) appearing for the Case

Joel A. Kozol, Boston, Mass., with whom William I. Cowin, Robert D. Kozol and Friedman & Atherton, Boston, Mass., were on brief, for Alvan R. Corkin, appellant.

Paul R. Devin, Boston, Mass., with whom Robert D. Power, Peter G. Hermes and Peabody & Arnold, Boston, Mass., were on brief, for First National Ins. Co. of America, appellant.

Peter J. Gagne, Boston, Mass., with whom Sally A. Corwin, Joseph M. Corwin and Corwin & Corwin, Boston, Mass., were on brief, for Maganaro Drywall, Inc., John Davis Painting Company, Inc. and Firedoor Corporation of America, appellees.

Alan L. Lewis, Boston, Mass., with whom Francis X. Carroll, Boston, Mass., and John W. Flynn, Cambridge, Mass., were on brief, for Prima Constr. Corp. and San-Vel Concrete Corp., appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and THOMSEN, Senior District Judge.


THOMSEN, Senior District Judge:

First National Insurance Company of America (surety) brought this action in the district court seeking a declaratory judgment with respect to (1) its rights and obligations under two performance bonds and two payment bonds it had executed as surety for D.C.A. Builders, Inc. (the contractor) which had contracted to build two low-income housing projects (Boston Infill Housing I and II) for the Urban Housing Associates A and B, the respective...

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